America's Courts and the Criminal Justice System (6th w/ CD-ROM)

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Open this book and step into America's court system! What's it like to be a judge? A prosecutor? A defense attorney? With Neubauer's best-selling book, you'll find out! This fascinating and well-researched text gives you the sense of being in the courthouse-of what it is like to work in and be a part of the system. This concept of the courthouse "players" illustrates each person's important role in bringing a case through the court process. Throughout the text, Neubauer highlights not only the pivotal role of the criminal courts within the criminal justice system but also the court's importance and impact on society as a whole.

David William Neubauer is now a professor at the University of New Orleans, where he chaired the political science department from 1982 to 1986.

Preface

xiii

To the Student

xvii

About the Author

xix

Courts, Crime, and Controversy

1

(24)

The Courts and the Criminal Justice System

2

(3)

An Interdependent Criminal Justice System

3

(1)

A Fragmented Criminal Justice Nonsystem

4

(1)

Tensions and Conflicts

4

(1)

Courts, Crime, and the Public

5

(2)

Finding the Courthouse

7

(1)

Identifying the Actors in the Courthouse

8

(3)

Prosecutors

9

(1)

Defense Attorneys

9

(1)

Judges

9

(2)

Defendants and Their Victims

11

(1)

Following the Steps of the Process

11

(4)

Crime

12

(1)

Arrest

12

(1)

Initial Appearance

12

(1)

Bail

12

(1)

Preliminary Hearing

12

(1)

Charging Decision

12

(1)

Grand Jury

13

(1)

Arraignment

14

(1)

Evidence

14

(1)

Plea Negotiations

14

(1)

Trial

14

(1)

Sentencing

14

(1)

Appeal

15

(1)

Law on the Books

15

(1)

Law in Action

15

(1)

Case Focus: Overview

16

(2)

Assembly-line Justice

17

(1)

Discretion

17

(1)

The Courtroom Work Group

17

(1)

Close-Up: Overview

18

(1)

Courts and Controversy

18

(1)

Controversy: Overview

19

(2)

Crime Control Model

20

(1)

Due Process Model

20

(1)

Conclusion

21

(4)

Critical Thinking Questions

22

(1)

Browsing the Web

22

(1)

References

23

(1)

For Further Reading

23

(2)

PART I The Legal System

25

(80)

Law and Crime

26

(30)

The Basis of Law

27

(1)

The Common Law Heritage

28

(4)

Judge-Made Law

28

(1)

Precedent

29

(1)

Multiple Sources of Law

29

(3)

The Adversary System

32

(1)

Safeguards

32

(1)

Presumption of Innocence

32

(1)

The Rights of the Accused

33

(2)

Due Process

34

(1)

Bill of Rights

35

(1)

Civil Law

35

(5)

Basis for Filing a Civil Suit

37

(1)

Remedies

38

(1)

Using Civil Remedies to Fight Crime

39

(1)

Controversy: Should Asset Forfeiture Be Limited?

40

(2)

Civil Liability of Criminal Justice Officials

41

(1)

Criminal Law

42

(2)

Case Focus: Louisiana v. Peairs and the Difference between Criminal and Civil Law

44

(1)

Elements of a Crime

44

(3)

Guilty Act

45

(1)

Guilty Intent

45

(1)

Fusion of Guilty Act and Guilty Intent

46

(1)

Attendant Circumstances

46

(1)

Results

46

(1)

Legal Defenses

47

(1)

Criminal Law: Constant and Changing

48

(2)

Close-Up: Rape Becomes Sexual Assault

50

(1)

Pressures for Changing the Criminal Law

51

(1)

Piecemeal Change

51

(1)

Effects of the Criminal Law on the Courts

51

(2)

Criminal Law and Inconsistencies

52

(1)

Criminal Law and Plea Bargaining

52

(1)

Criminal Law and Sentencing

52

(1)

Conclusion

53

(3)

Critical Thinking Questions

53

(1)

Browsing the Web

54

(1)

References

54

(1)

For Further Reading

55

(1)

Federal Courts

56

(30)

Basic Principles of Court Organization

57

(3)

Jurisdiction

58

(1)

Trial and Appellate Courts

59

(1)

Dual Court System

59

(1)

History of the Federal Courts

60

(1)

The Constitutional Convention

60

(1)

Controversy: Should the Double Jeopardy Clause Prohibit Parallel State and Federal Prosecutions?

61

(2)

The Judiciary Act of 1789

62

(1)

1789-1891

62

(1)

Court of Appeals Act of 1891

63

(1)

Federal Courts Today

63

(1)

U.S. Magistrate Judges

63

(2)

Caseload of U.S. Magistrate Judges

64

(1)

U.S. District Courts

65

(3)

Caseload of U.S. District Courts

66

(2)

Close-Up: The Effects of Federal Law on State and Local Criminal Justice

68

(1)

U.S. Courts of Appeals

69

(1)

Caseload of U.S. Courts of Appeals

69

(1)

U.S. Supreme Court

70

(1)

Caseload of U.S. Supreme Court

70

(1)

Specialized Courts

71

(2)

Military Justice

72

(1)

Tribal Courts

72

(1)

Federal Judicial Administration

73

(2)

Chief Justice

73

(1)

Judicial Conference of the United States

74

(1)

Administrative Office of the U.S. Courts

74

(1)

Federal Judicial Center

74

(1)

Judicial Councils

75

(1)

U.S. Sentencing Commission

75

(1)

Rising Caseloads in the Federal Courts

75

(3)

Dramatic Increase in Workload

75

(2)

How Many Federal Judges Are Too Many?

77

(1)

Reduce Federal Jurisdiction?

77

(1)

Controversy: Should State Crimes Also Become Federal Violations?

78

(1)

Consequences of Federal Involvement in the Criminal Justice System

78

(2)

Limited Scope

79

(1)

Case Focus: U.S. v. Miller and the Right to Bear Arms

80

(2)

Forum for Symbolic Politics

81

(1)

Federal Dollars

81

(1)

Conclusion

82

(4)

Critical Thinking Questions

82

(1)

Browsing the Web

83

(1)

References

83

(1)

For Further Reading

84

(2)

State Courts

86

(19)

History of State Courts

87

(2)

Colonial Courts

87

(1)

Early American Courts

88

(1)

Courts in a Modernizing Society

88

(1)

Trial Courts of Limited Jurisdiction: Lower Courts

89

(1)

Trial Courts of General Jurisdiction: Major Trial Courts

89

(2)

Criminal Cases

90

(1)

Civil Cases

91

(1)

Intermediate Courts of Appeals

91

(1)

Courts of Last Resort: State Supreme Courts

92

(1)

Court Unification

93

(1)

Case Focus: Wachtler v. Cuomo and Court Financing

94

(2)

Simplified Court Structure

94

(2)

Centralized Administration

96

(1)

Centralized Rule Making

96

(1)

Centralized Judicial Budgeting

96

(1)

Statewide Financing

96

(1)

Court Reform: The Emerging Agenda

96

(2)

Controversy: The Politics of Court Reorganization

98

(1)

Consequences of Court Organization

99

(1)

Decentralization and Choice of Courts

99

(1)

Close-Up: Drug Courts

100

(1)

Local Control and Local Corruption

100

(1)

Conclusion

101

(4)

Critical Thinking Questions

102

(1)

Browsing the Web

102

(1)

References

102

(1)

For Further Reading

103

(2)

PART II Legal Actors

105

(126)

The Dynamics of Courthouse Justice

106

(23)

The Courthouse and the People Who Work There

107

(4)

The Courthouse

108

(1)

The Courtroom

108

(3)

Close-Up: ``Those People Behind the Scenes''

111

(2)

Behind the Scenes

111

(2)

Dynamics of Courthouse Justice

113

(1)

Assembly-line Justice

113

(2)

Strengths of the Explanation

114

(1)

Weaknesses of the Explanation

114

(1)

Assembly-line Justice Reconsidered

115

(1)

Discretion

115

(1)

Controversy: ``23 1/2 Hours in Court: 1,636 Cases Later''

116

(1)

Legal Judgments

117

(1)

Policy Priorities

117

(1)

Personal Philosophies

117

(1)

The Courtroom Work Group

117

(3)

Mutual Interdependence

118

(1)

Socialization

118

(1)

Shared Decision Making

119

(1)

Variability in Courtroom Work Groups

120

(1)

The Problem of Delay

120

(2)

Consequences of Delay

120

(1)

Assessing the Costs of Delay

121

(1)

Law-on-the-Books Approach to Court Delay

122

(1)

Speedy-Trial Laws

123

(1)

Case Focus: Barker v. Wingo and the Right to a Speedy Trial

123

(1)

Limits of Speedy-Trial Laws

123

(1)

Law-in-Action Approach to Court Delay

124

(1)

Case Scheduling

123

(2)

Efforts at Coordination

125

(1)

Conclusion

125

(4)

Critical Thinking Questions

126

(1)

Browsing the Web

126

(1)

References

126

(2)

For Further Reading

128

(1)

Prosecutors

129

(27)

Role of the Prosecutor

130

(1)

Broad Discretion

130

(1)

Decentralization

131

(1)

Prosecution in Federal Courts

131

(3)

Case Focus: Burns v. Reed and Prosecutorial Immunity

134

(2)

Solicitor General

134

(1)

Criminal Division of the Justice Department

135

(1)

Controversy: Does the Federal Government Need an Independent Counsel?

136

(2)

U.S. Attorneys

138

(1)

Prosecution in State Courts

138

(3)

State Attorney General

139

(1)

Chief Prosecutor

139

(1)

Local Prosecutor

140

(1)

The Prosecutor at Work

141

(2)

Fighting

141

(1)

Negotiating

142

(1)

Drafting

142

(1)

Counseling

142

(1)

Administering

142

(1)

The Prosecutor's Office at Work

143

(1)

Assistant District Attorneys

143

(1)

Learning the Job

143

(1)

Close-Up: ``The Prosecutor: A Maze of Paperwork without End''

144

(4)

Promotions and Office Structure

145

(2)

Supervision

147

(1)

Attempts at Greater Supervision

148

(1)

Prosecutors and Courtroom Work Groups

148

(3)

Conflicting Goals and Contrasting Work Groups

149

(1)

Political Styles and Contrasting Work Groups

150

(1)

The Expanding Domain of the Prosecutor

151

(2)

Improving Police-Prosecutor Relationships

151

(1)

Community Prosecution

152

(1)

Conclusion

153

(3)

Critical Thinking Questions

153

(1)

Browsing the Web

153

(1)

References

154

(1)

For Further Reading

155

(1)

Defense Attorneys

156

(25)

The Right to Counsel

157

(3)

Nonfelony Criminal Prosecutions

158

(1)

Stages of the Criminal Process

158

(2)

Case Focus: Gideon v. Wainwright and the Right to Counsel

160

(2)

Ineffective Assistance of Counsel

160

(1)

Self-Representation

161

(1)

Defense Attorneys at Work

162

(2)

Fighting

162

(1)

Negotiating

162

(1)

Drafting

162

(1)

Counseling

163

(1)

Administering

163

(1)

Defense Attorneys and Courtroom Work Groups

164

(1)

Rewards and Sanctions

164

(1)

Close-Up: ``Legal Workload Frustrating to Both Sides''

165

(2)

Variations in Cooperation

166

(1)

An Assessment

166

(1)

The Criminal Bar

167

(2)

Diversity and Stratification of the Legal Profession

167

(1)

Environment of Practice

168

(1)

Providing Indigents with Attorneys

169

(5)

Assigned Counsel

170

(2)

Contract Systems

172

(1)

Public Defender

172

(1)

Assessing the Merits of Public Defenders

173

(1)

Controversy: Are We Spending Too Little or Too Much on Indigent Defense?

174

(1)

Lawyers and Clients

174

(3)

Lawyers View Their Clients

176

(1)

Defendants View Their Lawyers

176

(1)

Conclusion

177

(4)

Critical Thinking Questions

177

(1)

Browsing the Web

178

(1)

References

178

(1)

For Further Reading

179

(2)

Judges

181

(27)

The Position of Judge

182

(1)

Benefits of the Job

182

(1)

Frustrations of the Job

183

(1)

Judges at Work

183

(3)

Fighting

185

(1)

Negotiating

185

(1)

Drafting

185

(1)

Counseling

185

(1)

Administering

186

(1)

Judges within the Courtroom Work Group

186

(1)

Differences among Judges

186

(1)

Close-Up: ```Frustrated' Judge Gets the Gridlocked System Moving''

187

(1)

Quality and Qualification of Judges

188

(1)

Varying Roads to a Judgeship

188

(4)

Executive Appointments

188

(2)

Election of Judges

190

(1)

Merit Selection

191

(1)

Consequences of Judicial Selection

192

(2)

Which System Is Best?

192

(1)

Similarities in Judges' Backgrounds

193

(1)

Diversity and the Judiciary

193

(1)

Controversy: Is Gender Bias a Significant Problem in the Courts?

194

(2)

Case Focus: Chisom v. Roemer and Diversity and the Bench

196

(1)

Learning to Be a Judge

196

(2)

Judicial Education

198

(1)

Judging the Judges

198

(2)

Judicial Independence

198

(1)

Judicial Misconduct

199

(1)

Controversy: Is Judicial Independence Being Undermined?

200

(4)

State Judicial Conduct Commissions

200

(2)

Federal Conduct and Disability Act

202

(2)

Conclusion

204

(4)

Critical Thinking Questions

204

(1)

Browsing the Web

204

(1)

References

205

(2)

For Further Reading

207

(1)

Defendants and Victims

208

(23)

Defendants

209

(1)

Characteristics of Defendants

209

(1)

Close-Up: The Typical Defendant?

210

(2)

Defendants in Court

211

(1)

Courts Through the Eyes of Victims and Witnesses

212

(1)

Frustrations in Coping with the Process

212

(1)

Travails of Testifying

212

(1)

Close-Up: Trial by Ordeal for Waiting Witnesses

213

(1)

Surprising Support for the System

214

(1)

Victims and Witnesses Through the Eyes of the Court

214

(3)

Lack of Cooperation

215

(1)

Characteristics of Victims

216

(1)

Prior Relationships between Defendants and Victims

216

(1)

Domestic Violence

216

(1)

Aiding Victims and Witnesses

217

(3)

Victim/Witness Assistance Programs

218

(1)

Victim Compensation Programs

219

(1)

Victim's Bill of Rights

220

(1)

Aiding or Manipulating Victims?

220

(2)

The Victims' Rights Movement

220

(2)

Controversy: Should the Victims' Rights Amendment Be Adopted?

222

(2)

Differing Goals

222

(1)

Do Victims Benefit?

223

(1)

Case Focus: Payne v. Tennessee and Victim Impact Statements

224

(2)

Conclusion

226

(5)

Critical Thinking Questions

226

(1)

Browsing the Web

227

(1)

References

227

(2)

For Further Reading

229

(2)

PART III Processing the Accused

231

(138)

Arrest to Arraignment

232

(30)

Crime

233

(1)

Arrest

234

(4)

Quality of Arrests

236

(2)

Swelling Criminal Dockets

238

(1)

Initial Appearance

238

(1)

Close-Up: Bunton's Rocket Docket

239

(1)

Charging

239

(2)

Law on the Books: Prosecutorial Control

240

(1)

Law in Action: Police Influence

240

(1)

Law in Controversy: Should Prosecutors Set High Standards for Charging?

240

(1)

Preliminary Hearing

241

(1)

Law on the Books: Weighing Probable Cause

241

(1)

Controversy: Is It Time to Rethink the War on Drugs?

242

(2)

Case Focus: Country of Riverside v. McLaughlin and a Prompt Hearing before a Magistrate